From North to South: Legal Pathways to Stimulate Biodiversity Conservation in Developing Countries Through Transboundary Trade in Biodiversity Resources

12 Pages Posted: 25 Nov 2011 Last revised: 6 Dec 2012

Jonathan Verschuuren

Tilburg Sustainability Center; Tilburg University - Center for Transboundary Legal Development

Date Written: November 11, 2011

Abstract

This paper examines the need and options for imposing biodiversity conservation upon supply countries (mostly developing countries), through legal measures taken in demand countries (mostly developed countries), when trading in biodiversity resources. While such an approach is bound by the principle of sovereignty, the Convention on Biological Diversity and its recent Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, and WTO-law, there are increasing attempts in the developed world, both at governmental level and at the level of individual business corporations, to stimulate developing countries to sustainably produce and/or harvest biological resources. For states, a voluntary bilateral approach within a regulatory framework seems to be a good model. Business corporations working together within a self-regulatory framework have also good opportunities to influence their suppliers’ practices.

Keywords: biodiversity, trade, WTO, self-regulation

JEL Classification: K32

Suggested Citation

Verschuuren, Jonathan, From North to South: Legal Pathways to Stimulate Biodiversity Conservation in Developing Countries Through Transboundary Trade in Biodiversity Resources (November 11, 2011). Available at SSRN: https://ssrn.com/abstract=1963768 or http://dx.doi.org/10.2139/ssrn.1963768

Jonathan Verschuuren (Contact Author)

Tilburg Sustainability Center ( email )

P.O. Box 90153
Tilburg, North Brabant 5000 LE
Netherlands
+31134668255 (Phone)

HOME PAGE: http://www.tilburguniversity.edu/tsc

Tilburg University - Center for Transboundary Legal Development ( email )

P.O. Box 90153
Tilburg, NL-5000LE
Netherlands
0031134668255 (Phone)
0031134668347 (Fax)

HOME PAGE: http://www.tilburguniversity.edu/webwijs/show/?uid=j.m.verschuuren

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